Legal Opinion

D'Agostino v. Forty-Three East Equities Corp.

New York Supreme Court

Decided April 3, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Joseph E. Capella, J.

It is undisputed that on November 14, 2005, the petitioner tenant commenced the instant Housing Part (HP) proceeding to compel the respondent owner to repair both the roof to the subject building and the water damage caused by same within his apartment. It is also undisputed that in 1997, the owner and the tenant entered into a life estate lease, which incorporated a settlement agreement, for the subject premises. Nor is it disputed that under the lease and agreement, the owner is responsible for maintaining the roof. According to paragraph six of the…

2Cases cited18 opinions

In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
In re the Arbitration between Aimcee Wholesale Corp. & Tomar Products, Inc.New York Court of Appeals · 1968
In re the Arbitration between Raisler Corp. & New York City Housing AuthorityNew York Court of Appeals · 1973
In Re the Arbitration Between Knickerbocker Agency, Inc. & HolzNew York Court of Appeals · 1958

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